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Section35
The Foreign Exchange Management Act, 1999

Appeal to High Court

In force From 01 Jun 2000 Act 42 of 1999 As on 18 Oct 2026

Act 42 of 1999 Ministry Finance Enacted 29 Dec 1999 In force 01 Jun 2000

Section 35 of the Foreign Exchange Management Act, 1999 deals with appeal to High Court. Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order: Provided that the High Court may, The Act came into force on 01 Jun 2000.

Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order:

Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.

Explanation.--In this section "High Court" means--

(a) the High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and

(b) where the Central Government is the aggrieved party, the High Court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on business or personally works for gain.

Section 35, The Foreign Exchange Management Act, 1999 (Act 42 of 1999).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Deputy Director, Directorate of Enforcement v. Google India Pvt. Ltd.

    High Court 20 Mar 2025 Binding (High Court) MSA No.42/2019 & connected (Kar HC DB); Judgment 20.03.2025

    Court's Decision & Legal Precedent

    DB Judgment (header 20.03.2025 matches index; embedded Tribunal/AA dates are not the order date): set aside FEMA Tribunal stay that waived pre-deposit without conditions; directed 50% bank guarantees pending Tribunal appeals, applying s.19 pre-deposit spirit as interpreted in Monotosh Saha, on s.35 HC appeal from Tribunal.

    On this section: s.35 — Appeal to High Court from Appellate Tribunal on question of law

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 35

What have the courts held on Section 35 of the Foreign Exchange Management Act?

Deputy Director, Directorate of Enforcement v. Google India Pvt. Ltd. (20 Mar 2025) is the leading judgment on this section among those set out below: s.35 — Appeal to High Court from Appellate Tribunal on question of law.

How do I find court cases under Section 35 of the Foreign Exchange Management Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Fema 35, section 35 Fema, section 35 of the Foreign Exchange Management Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Deputy Director, Directorate of Enforcement v. Google India Pvt. Ltd. (20 Mar 2025).

When did Section 35 of the Foreign Exchange Management Act come into force?

Section 35 of the Foreign Exchange Management Act, cited as Fema 35, came into force on 01 Jun 2000, having been enacted on 29 Dec 1999. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.